In one of the most anticipated cases in the current Supreme Court's term, the racial admission policy of University of Texas- Austin was vehemently questioned by the judges.
The final decision in this case will impact the universities across the nation which consider race as a factor while admitting students.
At the Wednesday's hearing, the judges questioned the lawyer representing the university about the goals of affirmative action and would the universities ever stop considering race while admitting.
The 'critical mass' concept, which is the desired level of diversity that is necessary for the university to abandon affirmative action, inspired most ire among the conservative justices, with Chief Justice John Roberts saying, "When will I know that you've reached a critical mass?"
The university lawyer Gregory Garre responded that critical mass is not a quantitative value, but a point when 'university reaches an environment in which members of underrepresented minorities -- African Americans and Hispanics -- do not feel like spokespersons for their race.'
But, the judges did not sound convinced and coldly asked whether they would conduct surveys to determine if minority students felt isolated.
The plaintiff in the case Abigail Fisher alleges that she was denied admission in the university because she was Caucasian. She says that when she applied in 2008 to the university, many applicants with relatively lower qualifications were able to get in because they were from racial and ethnic minority groups. Her suit alleges that affirmative action is unconstitutional.
But, the university once again made its stand clear Wednesday saying that 'its admissions system, which considers an applicant's race along with many other factors in an individualized, holistic review, is a constitutional practice that promotes the educational benefits of diversity at the university.'
But, Fisher is adamant that university's top 10 percent policy, as per which the in-state students of top 10 percent of their graduating class are automatically enrolled into the university, is sufficient to ensure diversity in the campus.
Around 43 states are already practicing affirmative action and this case, Fisher Vs. University of Texas at Austin, has drawn more than 60 amicus briefs from retired generals, Fortune 500 corporations, higher education leaders, University of Texas alumni, social scientists, civil rights groups, students, and leaders of other states, among others, in support of the university's affirmative action.
The court is expected to issue a ruling sometime next year.